When a child is accused of a crime in North Carolina, the legal and emotional impact can be devastating. The juvenile justice system is complex and different from the adult criminal system in many important ways. At Denninger & Philbeck, we help families navigate this system with compassion, clarity, and proven experience. Your child deserves a second chance, not a permanent record.

David Denninger: Experience Makes a Difference

Attorney David Denninger brings unmatched insight to juvenile defense after serving for more than eight years as a juvenile court prosecutor in Buncombe and McDowell Counties. During that time, he handled hundreds of juvenile cases involving everything from truancy to serious felony crimes. Today, David uses that experience to defend young people, protect their rights, and keep them out of long-term legal trouble.

With a keen understanding of how prosecutors evaluate juvenile cases, and how judges make critical decisions, David is uniquely equipped to develop legal strategies that preserve your child’s future.

Juvenile Offenses: Undisciplined vs. Delinquent

In North Carolina, juveniles are categorized differently depending on the nature of their behavior and age:

• Undisciplined Juvenile: A child between the ages of 10 and 17 who is regularly absent from school, disobedient, or runs away from home. These behaviors are not criminal for adults but may lead to court involvement under an undisciplined petition brought in juvenile court.
• Delinquent Juvenile: A child between the ages of 10 and 17 who has committed an act that would be a crime if committed by an adult. These cases are initiated through a delinquency petition (with the exception of driving offenses).

Most juvenile cases are handled in Juvenile District Court, where the goal is to rehabilitate rather than punish the child, but the process is not without consequences.

Transfer to Superior Court: When Juvenile Cases Become Adult Felonies

For more serious felony offenses, juveniles may have their cases transferred to Superior Court, where they are prosecuted as adults. This typically occurs in cases involving violent felonies such as:

• Robbery with a dangerous weapon
• Assault with a deadly weapon with intent to kill
• Sexual offenses
• Homicide (Murder / Manslaughter)

In some cases the court may hold a transfer hearing, where the District Attorney (prosecutor) argues the reasons why the juvenile should be treated as an adult. At that hearing the court considers many factors, including:

• The severity of the offense
• The juvenile’s age and maturity
• Prior record or history with the juvenile system
• Likelihood of rehabilitation within the juvenile system

We fight to prevent transfer whenever possible. By highlighting your child’s potential for rehabilitation, presenting school and community support, and negotiating early resolutions, we are the advocate you need to protect your child’s record and wellbeing.

The Role of the Department of Juvenile Justice (DJJ)

The North Carolina Department of Juvenile Justice (DJJ) plays a central role in the juvenile court process. DJJ court counselors:

• Evaluate cases after detention or referral
• Recommend whether to proceed with formal court action
• Supervise juveniles on community supervision or probation
• Coordinate evaluations, treatment, and diversion programs
• Monitor compliance with court-ordered conditions

DJJ is both a supervisory agency and a gatekeeper to resources. Strong advocacy can make the difference between whether a juvenile is steered toward rehabilitation or faces further court consequences. Our firm works closely with DJJ when appropriate to build constructive alternatives to prosecution and detention.

You can read more about DJJ here:
https://www.ncdps.gov/our-organization/juvenile-justice-and-delinquency-prevention

Secured Custody: When Juveniles Are Detained

Unlike adult jail, juveniles are held in juvenile detention centers. For juveniles in Buncombe County court who are placed in secured custody, they are often held at the Alexander Regional Juvenile Detention Center in Taylorsville, N.C. A child may be placed in secured custody if the court finds that:

• They are a danger to themselves or others
• They are likely to flee jurisdiction
• They have failed to appear for past court dates
• They are charged with a serious offense and release is not appropriate

A secured custody hearing must be held promptly after a juvenile is detained, and the court must review whether continued detention is justified. At Denninger & Philbeck, we represent juveniles at these critical hearings and present all available evidence to support release back to a parent or guardian under supervision.

We Can Help Your Child

We understand the juvenile system from both sides and we use that knowledge to get results. Our goal is to:

• Protect your child’s legal rights
• Prevent unnecessary court involvement or adult transfer
• Pursue diversion and treatment over punishment
• Minimize long-term consequences on education, employment, and personal development

From first appearance to disposition we will be with your family every step of the way.

If your child has been accused of a crime or referred to juvenile court, don’t wait! Contact Denninger & Philbeck today for a free and confidential consultation.